RAJU KISAN AWALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS writ petition, under Article 226 of the Constitution of India, takes exception to the notice issued by the Collector dated September 11, 2000, convening the special meeting of the respondent No. 4 Council on September 19, 2000 to consider the resolution of no-confidence moved against the petitioner.

(2.) BRIEFLY stated, on December 17, 1998, the petitioner was elected as the President of the respondent No. 4 Municipal Council which consists of 52 elected Councillors. The petitioners term as President of the Council was originally for a period of 2? years from the said date, however, more than half of the total Councillors expressed No Confidence against the petitioner and called upon the Collector to convene special meeting of the Council, for the purpose of removal of the petitioner as the President, within the meaning of section 55 of the Maharashtra Municipal Councils Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter referred to as the said Act ). Pursuant to the above said requisition the Collector issued impugned notice dated September 11, 2000 convening the special meeting of the Council.

(3.) THIS writ petition was moved for urgent circulation before this Court on 18th September, 2000, however, the matter was kept on 19-9-2000, first on board, for admission, having regard to the fact that the special meeting was convened at around 11-00 a. m. on 19-9-2000 itself. When the matter was called out for admission, at around 11-30 a. m. , the learned A. G. P. pointed out that the special meeting held pursuant to the impugned notice has since been concluded and Resolution has been carried through by majority of 39:6. Nonetheless, as the petitioner was assured at the time of mentioning that upon hearing if this Court takes the view that the petitioner has made out prima facie case then appropriate relief would be passed in favour of the petitioner including setting aside the Resolution passed by the Council in the meeting held pursuant to the impugned notice.